A Child of Your Own
Menu
Write to him

Practical guides · The law

Can I have a baby without being married? The law, country by country

In six of the eight countries, we found no law that punishes two unmarried adults for having a child together. Indonesia does, but only if a family member complains. Malaysia does for Muslims, under Syariah law. Insemination with a man you know is different: we found no lawful way to do it in any of the eight countries, so Option B means a clinic abroad.

Checked October 2026One section for each country

India

India’s criminal code, the Bharatiya Nyaya Sanhita 2023 (BNS), has no offence of sex between two unmarried adults. It has no offence of being pregnant, or giving birth, outside marriage. This is the same for every religion.

If you are still married, even if you live apart, two rules matter. BNS section 84 punishes a man who takes away another man’s wife. And under the Bharatiya Sakshya Adhiniyam 2023, section 116, your husband is presumed to be the father of a child born during the marriage.

Fertility clinics are open to you. Under the Assisted Reproductive Technology (Regulation) Act 2021 (the ART Act), section 2(1)(u), a “woman” is any woman over 21 who goes to a clinic. Section 21(g) sets the age at 21 to 50. Donor sperm must come from a registered sperm bank (section 27(1)), and the donor’s identity is kept confidential (section 21(e)). The Act has no clear place for a man you know as the donor. Sperm and eggs may not be brought into India from abroad (section 33(1)(c)).

Insemination outside a registered clinic is a risk. The Act’s definition of assisted reproduction covers any placing of sperm inside a woman without sex (section 2(1)(a)). Section 15(1) says no one may provide it “in any form” without registration. The penalty in section 34 is a fine of ₹5 to 10 lakh the first time, and 3 to 8 years in prison after that. No court has ruled on a private insemination yet, so do not treat it as lawful.

Malaysia

Malaysia has two systems side by side. Federal law applies to everyone. Syariah law applies only to Muslims, and each state has its own Syariah criminal law, with its own section numbers. The example here is the Federal Territories law.

  • If you are Muslim: the Syariah Criminal Offences (Federal Territories) Act 1997, section 23, punishes sexual intercourse out of wedlock with a fine of up to RM5,000, up to 3 years in prison, up to 6 strokes of the cane, or a mix of these. Under section 23(3), a pregnancy out of wedlock counts as first evidence of the offence. Section 27 punishes khalwat, being alone together in a private place: up to RM3,000 or 2 years.
  • If you are not Muslim: Syariah law does not apply to you. We found no federal offence for two unmarried adults.

Clinics are closed to single women. The Malaysian Medical Council guideline “Medically Assisted Reproduction” (V2/2025) says treatment is only for legally married couples (section 2), and that sperm donation is prohibited (section 5). This applies to every doctor and every patient, Muslim or not.

Indonesia

The new criminal code (Law No. 1 of 2023, the KUHP) came into force on 2 January 2026. Article 411 punishes sex with a person who is not your husband or wife. The official explanation says this includes two people who are both unmarried. The penalty is up to 1 year in prison or a fine of up to Rp10,000,000.

The police cannot act on their own. A case starts only if someone close to you complains: for an unmarried person, a parent, or a child aged 16 or over; for a married person, the husband or wife. The complaint can be withdrawn until the trial starts. Article 412 punishes living together as husband and wife without marriage, with up to 6 months, under the same complaint rule.

Aceh has its own Islamic criminal law, Qanun Aceh No. 6 of 2014. It applies to Muslims in Aceh. Zina (sex outside marriage) is punished with 100 lashes (article 33), and khalwat with up to 10 lashes (article 23). Article 36 says a pregnancy alone is not proof of zina.

Clinics are only for married couples. The Health Law (Law No. 17 of 2023), article 58, and Government Regulation No. 28 of 2024, article 111, allow assisted reproduction only for a lawful husband and wife, with their own sperm and eggs. Health Minister Regulation No. 2 of 2025, article 45(5), prohibits sperm donation.

Thailand

We found no Thai offence of sex between unmarried adults. Under the Civil and Commercial Code, section 1546, a child born to an unmarried woman is by law her legitimate child.

Insemination is tightly controlled. The Protection of a Child Born by Medically Assisted Reproductive Technology Act B.E. 2558 (2015) defines artificial insemination as placing sperm inside a woman without sex (section 3). It must be done only for a woman who has a lawful husband (section 19). Using a donor’s sperm needs the written consent of the husband and wife (section 20). Only a doctor may provide this treatment, including using donated sperm (section 35). The penalty for anyone else is up to 10 years in prison, a fine of up to ฿200,000, or both (section 50).

The Marriage Equality Act, in force since January 2025, did not open treatment to single women. A draft amendment, put to public hearing in July 2026, keeps the married-only rule.

Vietnam

We found no offence of sex or pregnancy between unmarried adults. Vietnam is also the most open of the eight countries for clinic treatment.

Decree 207/2025/ND-CP, in force since 1 October 2025, allows treatment for “single women who wish it” (article 3(4)). You no longer need a doctor’s reason. But donation is anonymous between donor and recipient (article 3(3)), and insemination with donor sperm must take place at a facility licensed for IVF (article 6(1)). Under the Law on Marriage and Family 2014, article 93, you are the mother, and the donor is not the father. So a Vietnamese clinic can treat you with an anonymous donor, but not with a man you know.

Cambodia

The Criminal Code 2009 has no offence of sex or pregnancy between unmarried adults. Adultery is an offence only for married people, under the Law on Monogamy 2006.

We found no Cambodian law on assisted reproduction. We found no evidence that any clinic in Phnom Penh treats single women with donor sperm. No law defines the status of a donor, so nothing protects you or him.

Laos

The Penal Code 2017 has no offence for two unmarried adults. But adultery is a crime, and it reaches both people. Under article 247, a married person who has sex with someone else faces 3 months to 1 year in prison or re-education, and a fine of 1,000,000 to 10,000,000 kip. “The other person” is punished on the same charge. A case starts only if the injured husband or wife complains (article 41(3)).

We found no Lao law on assisted reproduction, and no source that mentions donor sperm or a sperm bank in Laos.

Myanmar

The Penal Code has no offence of sex between unmarried adults. Adultery under section 497 is narrow: it punishes a man who has sex with another man’s wife, with up to 5 years in prison. The wife is not punished. So if you are married, the man is the one at risk.

We found no Myanmar law or health ministry rule on assisted reproduction, and no source that mentions donor sperm. Since the military took power in 2021, laws and courts work unevenly, depending on where you live.

What this means for you

Option A is a relationship with long-term contact. You decide together how you get pregnant, always within the law where you live.

  • In India, Thailand, Vietnam and Cambodia, we found no offence for two unmarried adults.
  • In Laos, the same is true unless one of you is married. Then both of you risk prosecution.
  • In Myanmar, the same is true unless you are married.
  • In Malaysia, if you are Muslim, sex and pregnancy out of wedlock are Syariah offences, and clinics treat only married couples. The lawful routes are outside Malaysia. Section 23(3) is about pregnancy from sex. We found no Syariah court decision on a pregnancy from clinic treatment.
  • In Indonesia, sex outside marriage is an offence when a family member complains, and clinics treat only married couples. The lawful routes are outside Indonesia.

Option B is insemination only, with him as a known donor, only where the law allows. In none of the eight countries did we find a lawful route:

  • Indonesia, Malaysia and Thailand allow treatment only for married couples.
  • Vietnam and India treat single women, but with an anonymous or confidential bank donor, not a man you know.
  • Cambodia, Laos and Myanmar have no law on donors and no clinic that we found using donor sperm for single women.

So Option B is possible only at a clinic in a country whose law lets a single woman use a donor she knows. Treatment abroad explains which countries do, and fertility treatment near you covers the clinics in your region.

Checked October 2026. Laws change: check the rules in force in your country. Some texts for Cambodia, Laos and Myanmar exist only in the national language, and we read translations.

Sources

  • India: Bharatiya Nyaya Sanhita 2023, ss. 84, 358; Bharatiya Sakshya Adhiniyam 2023, s. 116; Assisted Reproductive Technology (Regulation) Act 2021, ss. 2(1)(a), 2(1)(u), 15(1), 21(e), 21(g), 27(1), 33(1)(c), 34 (Gazette of India), checked October 2026.
  • Malaysia: Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559), ss. 23, 27 (Attorney General’s Chambers); Malaysian Medical Council, Medically Assisted Reproduction, V2/2025, ss. 2, 5, checked October 2026.
  • Indonesia: Law No. 1 of 2023 on the Criminal Code, arts 79, 411, 412, 624; Qanun Aceh No. 6 of 2014 on Hukum Jinayat, arts 5, 23, 33, 36; Law No. 17 of 2023 on Health, art. 58; Government Regulation No. 28 of 2024, art. 111; Minister of Health Regulation No. 2 of 2025, art. 45, checked October 2026.
  • Thailand: Civil and Commercial Code, s. 1546; Protection of a Child Born by Medically Assisted Reproductive Technology Act B.E. 2558 (2015), ss. 3, 19, 20, 35, 50 (Royal Gazette, 1 May 2015), checked October 2026.
  • Vietnam: Decree 207/2025/ND-CP, arts 3, 6; Law on Marriage and Family No. 52/2014/QH13, art. 93, checked October 2026.
  • Cambodia: Criminal Code 2009; Law on Monogamy 2006, checked October 2026.
  • Laos: Penal Code 2017, arts 41, 247, checked October 2026.
  • Myanmar: Penal Code, s. 497, checked October 2026.

Option B is insemination only, and only where the law allows it. Option B explains what it includes, and how you get pregnant explains how the method is chosen in Option A.